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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO BOKF, N.A., a National Banking Association d/b/a BANK OF OKLAHOMA, as Successor in Interest by Merger to BANK OF OKLAHOMA, N.A., 7 Plaintiff-Appellee, vs. NO. 35,697 ROY A. METZGAR, YVONNE M.

11 METZGAR, and EQUIFIRST CORPORATION, 13 Defendants, and STEVEN L. GILMORE, 16 Putative Intervener-Appellant.

17 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Nan G. Nash, District Judge Leverick & Musselman, LLC Richard M. Leverick Albuquerque, NM for Appellee Steven L. Gilmore Albuquerque, NM Pro Se Putative Intervener-Appellant 4 MEMORANDUM OPINION VANZI, Judge.

6 {1} Putative Intervener-Appellant Steven L. Gilmore (Appellant) filed the instant appeal following the entry of an order denying his motion to intervene. We previously issued a notice of proposed summary disposition in which we proposed to affirm.

9 Appellant has filed a memorandum in opposition. After due consideration, we affirm.

10 {2} As we previously observed, the ruling on the motion to intervene may have constituted either a discretionary exercise of the district court’s inherent authority to regulate the proceedings, or a decision on the merits. Appellant’s memorandum in opposition is wholly unresponsive to our proposed summary disposition with respect to these matters. Accordingly, we adhere to our initial assessment.

15 {3} In his memorandum in opposition Appellant reiterates argument advanced at the district court level pursuant to Rule 1-060(B) NMRA, by which he seeks to attack the validity of a judgment and sale previously rendered in the underlying foreclosure action. [MIO 1-13] However, as we previously observed, insofar as Appellant was not a party to that action and was denied intervention, he lacks standing to advance further argument on the merits. See, e.g., Gullo v. Brown, 1971-NMSC-034, ¶ 8, 82 N.M.

2 412, 483 P.2d 293 (holding that an appellant lacked standing to attack a previously entered decree, given that he was not a party to it and had no right which was affected by it at the time of its entry). Once again, Appellant’s memorandum fails to address this concern. As a result, we remain unpersuaded that the argument is properly before us.

6 {4} Accordingly, for the reasons stated above and in the notice of proposed summary disposition, we affirm.

8 {5} IT IS SO ORDERED.

9 __________________________________ 10 LINDA M. VANZI, Judge WE CONCUR:

12 _________________________________ JAMES J. WECHSLER, Judge

14 _________________________________ M. MONICA ZAMORA, Judge